26.03.2025 16:40
The application made by Lütfü Savaş, the former Mayor of Hatay Metropolitan Municipality from the CHP, regarding the cancellation of the extraordinary congress decision on April 6 was rejected by the 31st Civil Court of First Instance.
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Former Hatay Metropolitan Municipality Mayor Lütfü Savaş and the lawyer of the congress delegates, Onur Yusuf Üregen, had filed a lawsuit at the Ankara 31st Civil Court of First Instance seeking the annulment of the extraordinary congress decision of CHP Chairman Özgür Özel. The Ankara 31st Civil Court of First Instance, which evaluated the application, announced its interim decision regarding the case.
"ONLY A PRECAUTIONARY MEASURE CAN BE APPLIED IN DISPUTES"
In the interim decision, it was noted that the request for a precautionary measure to suspend the current legal entity's management elected at the general assembly, which is sought to be annulled, had been evaluated previously, and it was reminded that during the proceedings, the defendant legal entity had requested the suspension of the decision to hold an extraordinary general assembly meeting as a precautionary measure.
The decision stated that a precautionary measure could only be issued regarding the subject of the dispute, and that the activities of the legal entity could not be subject to precautionary measures in the case of annulment of the general assembly, emphasizing that a precautionary measure could only be applied regarding the subject of the dispute. Additionally, it was mentioned that the activities of the legal entity could be contested after they had occurred. The interim decision indicated that the precautionary measure could only be evaluated according to approximate proof rules, and upon examining the lawsuit petition and its annexes, as well as the request petition and the file content, it was stated that the plaintiff could not substantiate their claim with evidence at the level of approximate proof.
REQUEST FOR ANNULMENT REJECTED
The decision stated, "It was decided to reject the request for a precautionary measure to suspend the implementation of the decision regarding the 'extraordinary congress to be held on April 6, 2025' in accordance with the decision taken by the defendant Chairman of the Republican People's Party."
WHAT HAPPENED?
On March 21, CHP Chairman Özgür Özel announced that he would take his party to an extraordinary congress. Özel stated that he made this decision in response to the possibility of a trustee being appointed while İBB President Ekrem İmamoğlu was in custody. Özel said, "Based on the authority granted to me by our statute in my capacity as chairman, we declare to all of Turkey that we have made a decision for an extraordinary congress 15 days later, using the shortest time specified in the sixth paragraph of Article 48 of our statute, thereby preventing the attempts to appoint a trustee." Following this, it was learned that Lütfü Savaş and some delegates had applied to the court to suspend and annul the extraordinary congress decision taken by the CHP administration.
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